Nov. 8--By late last week one question surrounding Referendum 71 was settled: The measure passed and the "everything but marriage" statutes go into effect for the whole state, after it was approved handily in most Puget Sound counties and hammered pretty badly elsewhere.

That's really just the quick question the ballot measure generated. The longer one, which would have survived regardless of the vote count, has political operatives watching closely, legal scholars salivating -- and may give legislators something to do in coming years besides sweating the state's declining finances.

The question: Are the signatures on R-71 petitions -- or any other statewide ballot measure -- public?

The ongoing court battle over the R-71 signatures played mostly in the background during the fall campaign. For those not following closely, the halftime report finds the state arguing that the signatures are on public documents submitted and checked in the certification process, thus releasable on request like any other document; R-71 sponsors and other initiative backers like Tim Eyman say names on a petition are like a ballot and no more releasable than how a person votes for governor, mayor or sewer district commissioner.

There's a difference of opinion among judges, too. Without getting into the play-by-play, it's enough to say that the most recent state judge to look at the dispute likens them to ballots, the most recent federal judge likens them to public records. The 9th U.S. Circuit Court of Appeals froze everything for the time being, and the U.S. Supreme Court could be asked to settle the whole matter.

R-71 sponsors haven't decided to ask for that review, but state Attorney General Rob McKenna said recently that if asked, the Supremes may be willing to take on what's clearly a novel question.

"They're fond of First Amendment cases," McKenna said. So, by the way, are state attorneys general who get to argue potential landmark cases before the nation's highest court. So, too, are legal scholars and law school professors who love to take the temperature of the court, especially when it gets a new justice.

Wait a minute. First Amendment? Those who favor the release of petitions say signing on the line is a form of political speech. But while it's free speech, it's not exempt from the state's open records law, McKenna said. "The Legislature could decide to exempt (petitions). They haven't done so."

There's a distinct difference in the way a ballot is handled as opposed to a petition, he said.